Birth Injury Litigation

birth injury settlement injuries can result in serious disabilities that can affect the quality of life of your child. The medical treatment they require can be expensive and lengthy.

A competent lawyer will file your lawsuit for birth injury, study the incident, collect evidence, and present the case of negligence. They can also represent you during settlement negotiations or in court if needed.

Settlements

In more than 90 percent of medical malpractice cases, the plaintiffs and defendants come to an agreement on settlement prior to the case going to trial. Both parties are able to avoid the high and stressful court costs and receive compensation for the plaintiff. If a trial isn't possible, a jury can decide whether the defendants are responsible to pay compensation and in what amount.

The first step to receiving financial compensation for birth injuries in your child is to prove the doctor who gave birth injury attorneys to your child had a professional relationship with you, and that he acted in breach of this duty during the birthing procedure. You can do this by using medical records and hospital invoices. Your lawyer will also need to collect evidence that proves the breach led to your child's injuries.

Once you have the evidence, your attorney will present a complete set of demands to the malpractice insurance companies of the defendants. This document contains a thorough letter that describes the injuries your child sustained along with supporting documents. The malpractice insurer will look over the request and decide whether to accept or reject it. If the demand is denied your lawyer will file a lawsuit.

If you are the victim of a successful birth injury litigation injury lawsuit, your attorney may recommend placing the proceeds of your settlement or award in a special trust for children with disabilities. This will permit you to give future funds to your child to cover things like physical therapy, medicine, and home modifications.

Trials

In some cases, lawyers may try to reach an agreement to resolve the matter before going to court. A settlement is a formal agreement that resolves the case and offers compensation to the plaintiff.

A team of attorneys will gather evidence to demonstrate that medical professionals did not provide the standards of care and aggravated injuries. The lawyers representing the defendants will also collect evidence to prove the allegations. The attorneys will meet to discuss the terms of a settlement. If a settlement can't be reached the case will be sent to trial.

The trial process can take months or even years to be completed. Plaintiffs might feel pain, stress and risk as they relive their child's birth injury trauma. The winning side may be awarded a large verdict. The losing side could appeal the decision.

A birth injury lawyer who has experience can make a big difference in your case. A legal professional can help you get the best outcome at every stage of the legal process, starting with the creation of the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, or Birth Injury Litigation if needed, appeals. They can assist you in obtaining life-changing compensation for your family's requirements. A lawyer can also help you establish a an expert witness network to support your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for fair amount of compensation.

Statute of Limitations

Medical professionals have their own set of rules they must adhere to in their procedures. This includes the statute of limitations that sets a time limit for filing lawsuits. This limitation is designed to ensure that claims are filed while evidence is available in physical form and the memories of witnesses are fresh. Even if the lawsuit has a solid legal basis the case will be dismissed if it's filed after the statute has expired.

For birth injury victims the statute of limitation is particularly important. A successful case can result in compensation for the victim's present and future medical expenses and lost wages resulting from working less to take care of their child, and emotional anxiety. In certain cases the judge or jury may also award punitive damages to punish defendants for committing a serious carelessness.

The victims of birth injuries should have a New York attorney familiar with these types of claims. They can investigate the incident and collect evidence, build a case for negligence and settle the case or go to trial if necessary. In certain cases there is a possibility for a defendant to dismiss a lawsuit claiming that the statute of limitation is over. A lawyer will be able quickly determine when this is the case. If the situation involves public hospitals that are run by state, local, or federal governments, a separate and possibly shorter time limit could be in place.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and the facts of the medical malpractice case. They are also able to provide expert or specialized opinions and inferences to help them make a decision. They are able to do this because their experience and expertise is more precise and reliable than that of a layperson or someone with no medical background.

Legal representatives can enlist an expert witness who will review medical records, give an opinion and help the lawyer in putting together the case. The expert would then sign an affidavit as well as testify in court regarding their findings. An expert could be an internal employee of the defendant's hospital, health care system, or someone who is not associated with the institution.

The expert's opinion must reflect the current state of medical knowledge available at the time. The expert should not condemn or condone performance within the generally accepted guidelines of practice. Experts should be prepared to provide transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not be a part of contracts that state that the costs for expert testimony are excessively high compared to their time and effort.

Parents of a child who has suffered a severe birth trauma can seek damages to pay for the future expenses they will incur for their child's care and any previous expenses that may were paid for. An experienced lawyer can determine if negligence caused the child's injury during birth injury legal and can secure compensation to reduce the financial burden for the family.